Statute of Limitations in Personal Injury Cases: Four Years To Bring A Claim, But When Does Time Start Ticking?

A statute of limitations is the time within which one has to bring a claim/law
suit against another party. The time is different for different types
of actions, but for personal injury and negligent lawsuits in Florida,
the general answer is, “Four Years.” But, when does the four
years start? Obviously, the answer to this more specific question will
determine how long a plaintiff has to bring a claim. In negligence cases,
there is plenty of reasons to argue the time starts ticking when the negligent
act occurred. And, this is certainly an easy way to look at it. If someone
runs a red light and injures a driver of another car, the date of the
negligent act is the date of running of the red light. In this situation,
the negligent act and the known resulting injury happen on the same day.
Therefore, the statute of limitations runs 4 years from the date of the
accident. However, not every negligent act results in obvious injury/damage
on the same day.

A recent case out of the 4th DCA provides an opportunity to review a different
scenario leading to a different result. In Riverwalk at Sunrise Homeowners
Ass’n, Inc. v. Biscayne Painting Corp, __ So.3d __, 41 FLW D1828
(Fla. 4th DCA 8/10/2016) the negligent action was based on a paint job
that began to crack, chip, flake and otherwise fall off the exterior of
the buildings. Plaintiff accused Defendant of being negligent in connection
with the painting job by failing to test and inspect the condition of
the stucco which covered the buildings and warn the Plaintiff that the
paint applied might fail due to the high pH of the stucco. In other words,
the Defendant had held himself out to be a professional painter that knew
what he was doing in painting stucco buildings and the reasonable painter
under these conditions would have known the particular type of paint applied
would not work for the long term with the existing stucco. The Defendant
painter argued the action was time barred because it was filed more than
four years after the alleged failure to inspect and warn. The trial court
agreed with the Defendant, reasoning that the cause of action accrued
at the latest at the time the contractor inspected the premises (about
the time of the work). However, the 4th DCA reversed this decision holding
that a cause of action for negligence does not accrue until the Plaintiff
suffers actual loss or damages, and holding that the statute of limitations
(the four year time limit the Plaintiff had to bring the claim) did not
begin to run until the paint began to fail. At that point, the Plaintiff
would have four years within which to bring a claim.

The time limit within which one can bring a claim is not always clear and
may depend on the circumstances of the claim. If you have a potential
negligent claim against another that has resulted in damage to you, a
free consultation with an experienced negligence attorney is available.
Contact Syfrett, Dykes & Furr to discuss your potential claim. (850) 795-4979.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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